Firearm by Felon Lawyer Prince George County, VA
Facing a firearm-by-felon charge in Prince George County, Virginia, is a serious matter. Under Va. Code § 18.2‑308.2, a person previously convicted of a felony who knowingly possesses a firearm may be charged with a Class 6 felony. The penalties are severe and can include a mandatory minimum prison term. Law Offices Of SRIS, P.C., founded in 1997, concentrates its practice on criminal defense and is equipped to handle these high‑stakes cases. Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys—including a former Virginia State Trooper—bring extensive experience to representation in Prince George County. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Mr. Sris, Owner and Founder | Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York | Practicing since 1997
What Firearm by Felon Charges Mean in Prince George County
In Virginia, it is unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. This offense is codified at Va. Code § 18.2‑308.2 and is classified as a Class 6 felony. A Class 6 felony carries a potential sentence of one to five years in prison, or, at the discretion of a jury, up to twelve months in jail and a fine. However, when the prior felony was a violent felony within the preceding ten years, a mandatory minimum prison term of two years applies. If the prior violent felony involved a loaded firearm, the mandatory minimum rises to five years. The statute also prohibits possession of ammunition and certain other weapons.
In Prince George County, firearm‑by‑felon charges are prosecuted by the Commonwealth’s Attorney. The two‑tiered court system plays a central role in the process. Misdemeanor trials and felony preliminary hearings are held at the Prince George County General District Court, located at 6601 Courts Drive, Prince George, VA 23875. Felony trials, including firearm‑by‑felon cases that go to trial, take place in the Prince George County Circuit Court, also at the same address. A preliminary hearing in General District Court is the first substantive court appearance in a felony case; the court reviews whether probable cause exists to send the case forward. If the case is certified, the Circuit Court presides over all further proceedings and any potential jury trial. Knowledge of both courts and their procedural nuances is critical when defending a felony firearm charge.
Beyond the direct sentencing exposure, a conviction under § 18.2‑308.2 carries collateral consequences. A felony conviction results in the loss of the right to vote, to serve on a jury, and to possess firearms—often permanently. Federal law may also impose additional restrictions under 18 U.S.C. § 922(g). For these reasons, the stakes in a firearm‑by‑felon case extend far beyond the immediate penalty range.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases
When a person contacts the firm about a firearm‑by‑felon charge in Prince George County, the first step is a detailed consultation. Mr. Sris and the firm’s Of Counsel attorneys review the charging documents, the evidence the prosecution intends to rely upon, and the circumstances of the alleged possession. Because the firm’s Of Counsel includes a former Virginia State Trooper, the defense team brings an insider’s understanding of police procedures, investigative techniques, and evidentiary standards. This perspective often helps identify weaknesses in the prosecution’s case—whether an illegal search, a failure to establish knowing possession, or a constitutional violation.
The firm approaches every firearm‑by‑felon case with a focus on thorough preparation. This includes filing appropriate pretrial motions, which might challenge the admissibility of evidence obtained in violation of the Fourth Amendment or seek to suppress statements obtained without a proper Miranda warning. In Prince George County General District Court, a well‑framed motion can sometimes result in the case being dismissed at the preliminary hearing stage. If the case proceeds to Circuit Court, the firm is prepared to litigate all issues vigorously and, when it serves the client’s interests, to negotiate with the Commonwealth’s Attorney for a possible reduction or amendment of the charge. Throughout the process, Mr. Sris and the firm’s Of Counsel keep the client informed and involved in every strategic decision.
Because the firm maintains a location in Richmond that regularly serves Prince George County, clients benefit from attorneys who are familiar with the local judiciary, prosecution practices, and the expectations of the court. That familiarity allows the defense team to frame arguments in a manner that resonates with the particular courtroom environment. Whether the trusted path is a negotiated resolution or a full trial, Mr. Sris and the firm’s Of Counsel work to achieve the most favorable possible outcome under the specific facts of the case. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings a thorough understanding of how the prosecution builds its cases. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience spans complex criminal defense matters, including felony firearm offenses.
The firm’s Of Counsel attorneys contribute significant additional experience. One is a former Virginia State Trooper who served for fifteen years and conducted criminal and traffic investigations across central and southern Virginia. That background provides a practical grasp of law‑enforcement procedures, accident‑reconstruction techniques, and investigative standards—a valuable perspective when defending a charge that hinges on police testimony and the collection of physical evidence. Together, Mr. Sris and the firm’s Of Counsel bring extensive combined legal experience to every firearm‑by‑felon matter in Prince George County.
Frequently Asked Questions
What is the penalty for a firearm by felon conviction in Virginia?
A firearm‑by‑felon conviction under Va. Code § 18.2‑308.2 is a Class 6 felony punishable by one to five years in prison or, at a jury’s discretion, up to twelve months in jail and a fine. If the prior felony was a violent crime that occurred within ten years, a mandatory minimum prison term of two years applies; if that violent felony involved a loaded firearm, the mandatory minimum rises to five years. The court also considers sentencing guidelines and any aggravating or mitigating circumstances presented at the sentencing hearing.
What should I do if I am charged with firearm by felon in Prince George County?
If you are charged with firearm by felon in Prince George County, you should immediately contact an experienced criminal defense attorney and decline to discuss the facts with anyone other than your lawyer. It is important to preserve any evidence that may be helpful and to note the names and contact information of potential witnesses. Early legal intervention can make a material difference because your attorney can begin investigating the circumstances, advise you on how to handle court appearances, and start building your defense before the prosecution solidifies its case.
How does a defense lawyer challenge a firearm by felon charge?
A defense lawyer may challenge a firearm‑by‑felon charge by examining whether the police obtained the firearm through an unconstitutional search, whether the defendant knowingly possessed the weapon, or whether the prior conviction qualifies as a predicate felony under the statute. Other defenses may focus on chain‑of‑custody problems with the evidence, flaws in witness identifications, or the possibility that another person possessed the firearm. The appropriate strategy depends on the specific facts of the case and the evidence the prosecution intends to present.
Can a convicted felon ever legally possess a firearm in Virginia?
In most circumstances, a convicted felon cannot legally possess a firearm in Virginia, but certain rights‑restoration mechanisms exist. A person may petition the Governor for restoration of civil rights, including the right to possess a firearm. If rights are restored, the individual may become eligible to possess a firearm under state law, though federal law may still impose restrictions. The restoration process is discretionary and not guaranteed. Anyone seeking to regain firearm rights should consult an attorney to understand the applicable legal standards and procedural requirements.
Will my firearm by felon case go to trial in Prince George County?
Many firearm‑by‑felon cases in Prince George County are resolved without a trial, but every case is prepared as if it will go to trial. The prosecution may offer a plea agreement, or motions filed by the defense may lead to a dismissal or reduction of the charge before trial. If a negotiated resolution is not in the client’s best interest, Mr. Sris and the firm’s Of Counsel attorneys are prepared to take the case to a jury trial in the Prince George County Circuit Court. The decision to accept a plea or proceed to trial is always made by the client in consultation with counsel.
How do I choose a lawyer for a firearm charge in Prince George County?
When choosing a lawyer for a firearm charge, look for someone who practices regularly in Prince George County courts, has experience with felony weapons offenses, and offers a direct, honest assessment of your case. It is helpful to ask about the attorney’s familiarity with the local judiciary and the Commonwealth’s Attorney’s office, as well as their approach to building a defense. Law Offices Of SRIS, P.C. has served clients in Prince George County since 1997 and can evaluate your case during a consultation. Call (888) 437‑7747 to schedule an appointment.
Case results depend on a variety of factors unique to each case.